HBA-GUM H.B. 3789 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3789
By: Hunter
Criminal Jurisprudence
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Current law prohibits a person from carrying a club, defined in Section
46.01, Penal Code, as an instrument that is specially designed, made or
adapted for the purpose of inflicting serious bodily injury or death by
striking a person with it.  Due to their disabilities, handicapped
individuals may be more vulnerable than others to attacks and acts of
violence.  A number of handicapped individuals have participated in self
defense classes in which they have learned to use club-like weapons.
Allowing a handicapped individual to carry a club may enable that person to
ward off an aggressor in a better manner than by using a concealed handgun.
H.B. 3789 defines "disabled individual" and allows such an individual to
carry a club. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 46.15, Penal Code, by adding Subsection (e), to
provide that the provisions of Section 46.02, Penal Code (Unlawful Carrying
Weapons), prohibiting the carrying of a club do not apply to a disabled
individual.  Defines "disabled individual." 

SECTION 2.  Makes application of this Act prospective. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.